Property as Governance: Time,Space and Belonging in Australia's Northern Territory Intervention

This article analyses two cases brought by aboriginal Australians against the Australian government acquisition of long leases of their land under the Northern Territory National Emergency Response Act 2007. These leases are conspicuous, particularly in that the government always made it clear that it would not take up its right to exclusive possession of the leased land, and has not done so. The leases have not been used to evict residents, as some feared; nor to pursue mining or agricultural activity. Socio‐legal theories centered on the right to exclusive possession cannot account for these leases. The article explores the use of property under the 2007 Act, the legal geographies of the areas subject to the leases and the political potency of property beyond exclusive possession, and suggests an understanding of property as a spatially contingent relation of belonging. Specifically, the article argues that property is productive of temporal and spatial order and so can function as a tool of governance.     

Sex in Context: Space,Place, and the Constitution of Images

This paper examines the changing context for sexual images and the spaces that give law meaning. The details are evident in Congressional efforts to regulate sex on the Internet and the Supreme Court’s response as well as changing contexts for encountering forbidden images from the old stag films and peep shows to the local public library and sex sites on the web. The paper is part of a larger project on seeing law and the idea that Lady Justice is blind.     

Consuming Sex: Socio-legal Shifts in the Space and Place of Sex Shops

Materials defined as pornographic have always been subject to regulation because of the potential of such items to 'corrupt and deprave'. Yet the state and law has rarely sought to ban such materials, attempting instead to restrict their accessibility. The outcomes of such interventions have, however, rarely been predictable, an issue we explore with reference to the changing regulation of sex shops in Britain and France since the 1970s. Noting ambiguities in the legal definitions of spaces of sex retailing, this paper traces how diverse forms of control have combined to restrict the location of sex shops, simultaneously shaping their design, management, and marketing. Describing the emergence of gentrified and 'designer' stores, this paper demonstrates that regulation has been complicit in a process of neo-liberalization that has favoured more corporate sex shops – without this having ever been an explicit aim of those who have argued for the regulation of sex retailing.     

论经济法的时空性

经济法作为以社会公共利益为价值追求的国家干预经济的基本法律形式 ,在现实中表现为兼具独特的民族性和共同的时代性的存在形态。为了深入地确证和认知这样一个有着历史的地理的特性的法律事象 ,我们可以借助于时空性的哲学之维来揭示其本己性品格。在本文中 ,作者以对时空性这一物质运动的基本形式的阐释为逻辑起点 ,界定了经济法时空性的基本内涵 ,论述了经济法时空性的现实表现即经济法发展的国际差别和趋同走势 ,并阐发了时空观在经济法发展中的运用。通过这样的考察 ,本文展现了一种解读经济法的存在、经济法的认知和经济法的发展的研究路径。     

The Hand of the Ancestors: Time,Cultural Production,and Intellectual Property Law

In successfully lobbying for the expansion of the copyright protection term, culture industries in the United States have used one of the temporal dimensions of intellectual property law to strengthen their control over the circulation of cultural goods. There is another less obvious way that time factors into the regulation of cultural products, and this has to do with the modes of temporality within which those products are made and their circulation regulated. In Ghana, where certain cultural products are protected as “folklore” under copyright law, cultural goods from one kind of temporality enter a regulatory framework that belongs to another. In this article, I examine these two ways of organizing time and argue that differences in ways of conceptualizing time also factor into the exercise of power over cultural products. I further argue that the Ghanaian case provides resources for radically rethinking intellectual property law.     

The Isomorphism of Space and Time in Debates over Momentariness

In the course of his critique of the Buddhist doctrine of universal momentariness, Udayana argues for an isomorphism between our understandings of space and time, which is meant to undercut the Buddhists’ well-known “inference from existence.” The present paper examines these arguments from Udayana’s ātmatattvaviveka, together with Ratnakīrti’s treatment of them in his K?a?abha?gasiddhi Anvayātmikā. As an historical study, the paper aims to elucidate the connections between Udayana and Ratnakīrti, and the implications of those connections for the dependence of the inference from existence upon various arguments which appear elsewhere in Ratnakīrti’s corpus. As a work of philosophical interpretation, the paper will clarify what is at stake in the local debate over the space–time isomorphism. Ratnakīrti’s position will best be understood as an account on which different simple causal properties are ascribed, or indexed, to an allegedly persisting entity at different times, while Udayana will prefer an account on which complex properties indexed to the place and/or time of the effect—for instance, “generating a sprout in this particular place” or “producing a visual awareness at a certain time”—will belong to a persisting thing throughout its entire existence. Furthermore, the acceptance (by Udayana) or rejection (by Ratnakīrti) of space and time as substantial entities in their own right, as distinct from the entities which are conventionally said to exist in space and time, will have important implications for the accounts of causality that each thinker can accept.     

Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights

Law and Philosophy -     

The Unbounded Disorder of the Time of Transformation of Property

Surveys of the population indicate that the problem of crime disturbs people as greatly as the problem of inflation and rising prices. Many factors are at work here, both real and mythical. Long years of Soviet propaganda represented social life as generally good, darkened by only a few shortcomings. A lack of reliable comparative statistics and silence concerning the actual state of affairs, against a background of selective publication regarding the most nefarious crimes and the punishments for them, created the illusion that the Party program of finally eradicating crime was being successfully accomplished. Propaganda created a positive picture of the law-enforcement authorities, who enjoyed universal popular support. Workers enlisted in voluntary people's brigades and were recruited into other ways of promoting law and order. Objectively, this helped maintain public tranquillity, but to a far greater degree it created an appearance of well-being.     

空间权:一种新型的财产权利

空间权是一种新型的财产权利,空间权可以与建设用地使用权相分离,成为一项独立的物权.当土地所有权与建设用地使用权发生分离之后,并不意味着空间权完全归属于建设用地使用权的内容,土地所有权人也仍然在一定范围内享有对空间利用的权利.空间权归建设用地使用权支配的范围是有限的,建设用地使用权人只能在规定的范围内进行支配,而超出的支配范围由所有权人享有,并由所有权人进行支配.因而,对土地上下的空间,只要未予明确的,剩余权利都应归所有权人而不是使用权人享有.     

被告财产所在地涉外民事管辖规则的适用问题探讨

我国应顺应国际发展的趋势 ,在充分维护我国当事人利益的基础上 ,对《民事诉讼法》第 2 4 3条规定的被告财产所在地管辖权作出必要的限制 :其一 ,应以是否有利于保障我国法院判决得到有效执行为基本衡量标准 ,对此类管辖规则中“财产”的解释加以适当限定 ;其二 ,我国应把纠纷与我国有一定的联系作为行使此类管辖权的要件 ,但对这一要件的解释不宜过严     

Judging in Place: Architecture,Design, and the Operation of Courts

What can judicial architecture tell us about how courts function? In this essay, I examine Legal Architecture: Justice, Due Process, and the Place of Law (2011) by Linda Mulcahy and Representing Justice: Invention, Controversy, and Rights in City‐States and Democratic Courtrooms (2011) by Judith Resnik and Dennis Curtis. I argue that both books develop an understanding of judicial architecture as a socially contingent form of communication. I relate this expressive theory of architecture to older arguments about design and construction articulated by poet and novelist Victor Hugo and architect Frank Lloyd Wright. I also briefly explore the connections between this developing “jurisprudence of what's real” and more conventional forms of law‐and‐courts scholarship.     

刑事诉讼中的时空话语权争端与消解

刑事诉讼以时间和空间作为其存在方式,个案的刑事诉讼就是控辩双方对各自作出的时空选择进行角力的沉浮之斗。认罪认罚从宽制度的入法进一步彰显了被追诉人的主体性地位,从以犯罪嫌疑人身份到案,到以被告人身份受审,再到以罪犯身份服刑,被追诉人作出的是否认罪、是否认罚、是否同意适用速裁程序或简易程序、是否上诉等程序性、实体性决定,就是在对刑事诉讼的运行时间、运行空间作出主体性选择,对此公安司法机关在侦查阶段、起诉阶段、审判阶段反应不一。直面公权力与私权利对于刑事诉讼的时空博弈,在认罪认罚从宽制度入法带来的被追诉人诉讼主体化倾向中,有必要对时空冲突现象加以调和,以走向控辩更加平等的时空理想境遇。     

关于涉亚场所消防监督工作的几点思考

第16届亚洲运动会将于2010年11月12至27日在广州举行。本届亚运会比赛场馆50个、训练场馆31个、备用场馆12个,官方指定接待酒店59家,定点医院39个,媒体等其他场所4个,运动员村1个。如何做好这些涉亚场所的消防监督管理工作、确保消防安全,是摆在消防部门面前的头等大事。笔者作为此次亚运会的消防安保人员,从三个方面简单阐述了对涉亚场所监督检查中应该注意的事项。     

The Place of International Human Rights Law in the Territorial Non-State Entities the case of Taiwan and Territorial Non-State Entities from the Post-Soviet Space

Liverpool Law Review - The paper seeks to examine whether and on what basis the international human rights law applies to the territorial non-state entities, having as an example the cases of the...     

德国展会知识产权不当行使的防御之术

背景就国际专业和消费展会行业而言,德国是处于世界领先地位的举办地之一.众多重要的展览会在德国举行,其中包括,汉诺威国际信息及通信技术博览会(CeBIT)、汉诺威国际工业博览会、柏林国际消费类电子产品展览会(IFA)、纽伦堡国际玩具展、纽伦堡国际打猎、运动武器及户外用品博览会(IWA)以及法兰克福车展.包括这些著名展会在内的德国展会活动处于世界领先地位,每年都吸引全球各地大量参展商与观众前来参加.     

Real Property, Spontaneous Order, and Norms in the Gold Mines

This article contributes to the current debate about why people follow the law even when they are not subject to legal sanctions, as when there are no police and little danger of a lawsuit. Most recent scholarship in this area takes the form of norms theories, suggesting that social norms rather than laws shape behavior and that deviations from the norm are punished by either social or internal sanctions. Robert Sugden, however, proposes that order may develop "spontaneously" in the many areas of life where abiding by the rules minimizes the risk of costly confrontations with others and is thus in the interest of all parties. When this is true, the threat of little or no sanctions plays no role in regulating behavior. This article tests Sugden's theory against a simple property system, that of the California gold mines, in which individual miners held small claims subject to strict work requirements. The evidence of eyewitnesses shows that the stability of the regime did not depend on norms, but on the reasonable prediction that other claim holders would themselves stand up for their rights under the local mining code. Disputes about the rules and their application were submitted to arbitrators, whose decisions were accepted by the parties and did not need to be enforced. The California experience thus provides an example of a stable property regime for which game theory has a more satisfying explanation than do any of the norms theories.     

两岸三地公共场所禁烟立法的比较与借鉴

吸烟者的吸烟自由与被动吸烟者的生命健康权存在冲突,家庭等私人机制对于出现在非公共场所中相关矛盾可予以妥善处理,但是对于公共场所中发生的相关矛盾则应当诉诸公权力的干预。各国及地区已经普遍地建立公共场所禁烟制度,台湾、香港的相关立法堪为大陆立法借鉴。比较两岸三地立法,公共场所的界定是控烟的关键,管理体制的建立是控烟的重要保障,处罚机制的设计是控烟有效实施的基础。